Workers’ compensation has been in place for years and it was originally founded because employers have a duty of care to workers and their families if they are injured. Under workers’ compensation they have to pay the medical bills incurred by the workers and some of their lost wages until they can return to work.

However, more companies are now opting out of workers’ compensation and setting up their own plans, but the problem is that not all of the plans are as comprehensive. Almost across the board these new plans have lower benefits and more restrictions.

Some plans will not pay for exposure to asbestos, silica dust or mould, and the amount of any claim can be limited. Some, such as Sears, have strict regulations if workers are injured, if they do not report the injury by the end of the shift then there cannot claim benefits. Others restrict the amount they will pay for medical devices, such as hearing aids or wheelchairs.

If a worker can never work again under workers’ compensation, it will usually provide a benefit for life, but some of these private plans cut off payment after two years.

If you or someone you know is suffering from an asbestos related disease, such as mesothelioma, asbestosis, or lung cancer, contact the Law Office of Brayton Purcell, LLP  at (800) 598-0314 immediately, or contact us online for a free consultation. You may be entitled to an asbestos payout as part of an individual or class action lawsuit.

On Tuesday, April 7, a California federal judge dismissed an asbestos suit against Goodyear Tire & Rubber Co. as the company had settled with the family of a U.S. Navy worker who died from asbestos-induced cancer.

Following the death of Patrick Donlon from malignant mesothelioma in May 2008, his wife and son sued a number of companies in San Francisco Superior Court, stating that their products contributed to his death as they contained asbestos. The case was transferred to California federal court in July 2011 and Pennsylvania federal court in October the same year to join many others.

Goodyear argued that they had no duty to warn Donlon and other employees about asbestos related health hazards as the Navy knew about them so it was their responsibility however the argument was eventually rejected and they reached a settlement agreement with Patti Donlon on January 12 this year, the details of which are confidential. Patti Donlon has also settled with Curtiss-Wright and Asbestos Corp. Ltd.

If you or someone you know is suffering from an asbestos related disease, such as mesothelioma, asbestosis, or lung cancer, contact the Law Office of Brayton Purcell, LLP  at (800) 598-0314 immediately, or contact us online for a free consultation. You may be entitled to an asbestos payout as part of an individual or class action lawsuit.

A lawsuit which was filed against the Covanta Energy Co. based in New Jersey who operated the Pacific Oroville Power Inc. (POPI) cogeneration plant in South Oroville has been settled for $825,000.

A District Attorney and the county’s environmental prosecutor, organized and filed the claim over the burning of what was called urban waste to create electricity. Originally timber was burned in the 1980s but as the timber industry died down, the plant began to burn the remains of torn down buildings which could contain asbestos, metals and other potentially environmentally hazardous materials.

The DA’s office tested the ash and found elements of materials which can cause developmental problems as well as cancer and the ash went to landfills in Anderson, Placer County and Glenn County and was then plowed into land at many farms in the area as an addition to the soil, including fields planted for cattle food.

The settlement also stops the company from transporting or disposing of the ash it creates at its existing plants or contracting it out as a soil amendment for agricultural use.

If you or someone you know is suffering from an asbestos related disease, such as mesothelioma, asbestosis, or lung cancer, contact the Law Office of Brayton Purcell, LLP  at (800) 598-0314 immediately, or contact us online for a free consultation. You may be entitled to an asbestos payout as part of an individual or class action lawsuit.

The family of Gordon Bankhead has been awarded a multi-million dollar asbestos mesothelioma settlement. His children and spouse alleged he was exposed to asbestos dust through his work with vehicle brake parts.

Gordon Bankhead worked as a parts man from 1965 to 1999, servicing and repairing heavy duty vehicles and in the course of his work he handled brakes containing asbestos including grinding them. Hence he was breathing deadly asbestos dust. Many of the brake linings he worked with were made by Pneumo Abex.

This was the second trial regarding the Bankhead family and defendant Pneumo Abex.

In the first trial Pneumo Abex were found to be 30% liable for his mesothelioma which he died from, aged 68 and the jury awarded the family around $9 million.

Pneumo Abex appealed the verdict, which was subsequently upheld, but this year there was a new trial to compensate his family for their loss of his companionship.

The trial took just 2 days resulting in a verdict of $11,000,000 with Emily Bankhead receiving $6 million in non economic damages and Tammy and Debbie Bankhead each received and $2.5 million.

If you or someone you know is suffering from an asbestos related disease, such as mesothelioma, asbestosis, or lung cancer, contact the Law Office of Brayton Purcell, LLP  at  (800) 598-0314 immediately, or contact us online for a free consultation. You may be entitled to an asbestos payout as part of an individual or class action lawsuit.